(1.) THIS Civil Miscellaneous Appeal is filed by the Appellant, Insurance Company against the Judgment and Decree in M.C.O.P. No.127 of 2008 dated 30.08.2010 on the file of learned Motor Accident Claims Tribunal, Subordinate Judge, Gudiyattam, questioning the liability to pay the Compensation to the Claimants in case of no valid Driving Licence.
(2.) IN this Civil Miscellaneous Appeal, the question for consideration is -
(3.) THE First Bench decision of this court at principal seat reported in Bajaj Allianz General Insurance Co. Ltd v. P. Manimozhi and others, 2010 (2) TN MAC 542 (SC), had considered the question of non -possession of a valid licence of the driver and after considering the decision of another Division Bench reported in United Insurance Co. Ltd V. S. Saravanan, 2009 (2) TN MAC 103 (DB), held that when there is a breach of condition under an Insurance Policy, then the Insurance Company must pay and recover. It is necessary to extract the relevant portion from the above decision, which is as follows:
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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